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784 posts

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Topic # 222545 16-Aug-2017 19:28
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I have an Omega free standing oven in the flat I own. It is still under warranty (hence me not fixing it myself even though I am an electrician)

 

Made a warranty claim though Harvey Norman on the 27/7/17.

 

3 elements, the multi-function switch and a simmerstat have died according to the service guys employed by HN.

 

I have been told that spare parts are yet another 7-10 days away as they are held in Sydney , Australia.

 

 

 

How does this stack up.

 

I am not sure there is a claim under the CGA as it is in a rental. (or is it ????)

 

Surely there is some obligation for parts to be readily available or at least some obligation to supply a replacement or alternatives.

 

 

 

Thoughts.......

 

 

 

 

 

 


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  Reply # 1847756 16-Aug-2017 20:03
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CGA doesnt cover goods used for business purposes, not sure that it would exclude the oven in a rental just because its a rental but someone more wise on it may be able to chime in about it. You ahve put it there for standard domestic use which so long as they are not running a soup kitchen it would be getting in a rental.





Richard rich.ms

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  Reply # 1847802 16-Aug-2017 22:10
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richms:

 

CGA doesnt cover goods used for business purposes, not sure that it would exclude the oven in a rental just because its a rental but someone more wise on it may be able to chime in about it. You ahve put it there for standard domestic use which so long as they are not running a soup kitchen it would be getting in a rental.

 

 

 

 

This is not true, the CGA does cover goods for business purchases if the retailer has not contracted out of it. Harvey Normal possibly have, but you should have been made aware of this before the sale.


 
 
 
 


mdf

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  Reply # 1848014 17-Aug-2017 12:10
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It's even more nuanced than that. The CGA applies to "goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption".

 

Say someone's junk food habit gets the best of them and they install - in their own home and for their personal consumption - a commercial deep fryer and industrial pizza over (the latter complete with auto pineapple dispenser). Even though these goods are actually used for personal, domestic or household use or consumption, the CGA won't apply, since they aren't usually used for that.

 

Correspondingly, the CGA would apply to a domestic oven installed in business premises since it is a type of thing ordinarily acquired for personal, domestic, or household use or consumption.

 

(Note that the above only applies to end users. Different rules apply if you're a retailer buying from a wholesaler or similar).


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Master Geek
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  Reply # 1848111 17-Aug-2017 16:31
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I would have thought the CGA still applied, but if its under warranty the outcome should be easy - they should recitify at no cost to you.  7-10 days does not seem unreasonable.


UHD

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  Reply # 1848122 17-Aug-2017 17:09
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marej:

 

I would have thought the CGA still applied, but if its under warranty the outcome should be easy - they should recitify at no cost to you.  7-10 days does not seem unreasonable.

 

 

The claim was made 2017-07-27 so it has already been two weeks and parts are still 7-10 days away. 3 weeks is pushing it IMO but just within the realm of reason given our location on the globe.


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  Reply # 1848123 17-Aug-2017 17:18
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Its how hard you want to fight, I have just been through a CGA claim.  They took a month to repair a washing machine and it still did not work.   I mentioned the commerce commission to rark them up, but in all honesty, I don't think you can do a lot but wait.  Keep sending emails, keep phoning so they want to be rid of  you.


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  Reply # 1848136 17-Aug-2017 17:34
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Next time, buy an Alpha, not an Omega...





gml


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  Reply # 1848138 17-Aug-2017 17:41
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I think that that is more than a minor fault and you should be within your rights to ask for a replacement or your money back.

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  Reply # 1848206 17-Aug-2017 19:47
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Those are crazy times for parts from AU of all places. I have often had things next day from RS components, so anyone who is taking that long for things is just choosing slow options.





Richard rich.ms

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  Reply # 1848215 17-Aug-2017 19:56
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7-10 days to get them from Sydney, are they using a row boat for delivery?

 

7-10 days from the middle of Russia or the African desert I could understand, but Sydney isn't that far away.

 

 




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  Reply # 1848251 17-Aug-2017 20:51
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richms:

 

Those are crazy times for parts from AU of all places. I have often had things next day from RS components, so anyone who is taking that long for things is just choosing slow options.

 

 

 

 

Yep me too, and from Element14 and we get stuff in from Germany within a week too most times.

 

 


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